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ACHINEKU
V.
ISHAGBA

(1988) JELR 77240 (CA)

Court of Appeal 22 Mar 1988 Nigeria
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Case Details

Judges:UMARU MAIDAMA, JCA REIDER JOE JACKS, JCA ALOMA MARIAM MUKHTAR, JCA
Counsel:John Sani Abah, Esq. for the Appellant; Ahmed Mafindi, Esq. for the Respondent.
Other Citations:(1988) 4 NWLR (Pt. 89) 411

MAIDAMA, J.C.A. (Delivering the Lead Judgment): The respondent, herein, was the plaintiff before Area Court Grade I No. 2 Wukari, where he sought to recover from the defendant who is the appellant herein, a farmland situated in Wukari Local Government Area of Gongola State. At the trial, each party was allowed to call witnesses in support of his case, at the end of which the trial court gave judgment in favour of the defendant/appellant. The plaintiff/respondent who was aggrieved by the decision of the Area Court appealed to the Upper Area Court Wukari which reversed the decision of the trial Court and entered judgment in favour of the respondent. Against that decision, the appellant unsuccessfully appealed to the High Court. He has further appealed to this court and filed 4 grounds of appeal along with his notice. At the hearing of the appeal, grounds 3 and 4 were abandoned and were accordingly struck out. The remaining 2 grounds q argued read:

"Ground 1:

The learned High Court Judges …

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